31 RESOLUTION NO. _____ _
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3 A Resolution terminating the City of South Miami's franchise agreement
4 with Earth Learning, Inc.
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6 WHEREAS the City of South Miami ("City") entered into a Franchise agreement with
7 Earth Leaning, Inc. to operate a farmers' market on City property; and
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9 WHEREAS the franchise agreement provides for termination by either party with sixty
10 (60) days notice; and
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12 WHEREAS, the City Commission for the City of South Miami desires to terminate the
13 franchise agreement with Earth Learning, Inc.
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15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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18 Section 1: The City Manager is hereby instructed to send the appropriate notice of
19 termination to Earth Learning, Inc., in accordance with the franchise agreement, so as to cause
20 the termination of the City's franchise agreement with Earth Leaning, Inc., sixty (60) days
21 following the notice of termination in accordance with the agreement.
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23 Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
24 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
25 the validity of the remaining portions of this resolution.
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27 Section 3. This resolution shall become effective immediately upon adoption by vote of
28 the City Commission.
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30 PASSED AND ADOPTED this __ day of ,2012.
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33 ATTEST: APPROVED:
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37 CITY CLERK MAYOR
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39 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
40 LANGUAGE, LEGALITY AND Mayor Stoddard:
41 EXECUTION THEREOF Vice Mayor Liebman:
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3 CITY ATTORNEY
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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